Restaurant owner believes Constitutional rights allow her to open for dine-in

By Rick StillionThe Daily Jeffersonian

Thursday

May 7, 2020 at 1:47 PMMay 7, 2020 at 7:07 PM

Patrons from all across the state of Ohio are visiting the National Road Diner on Glenn Highway in Guernsey County for something they have not been able to do for nearly two months — sit down for a meal in a restaurant.

The dine-in experience is a violation of the Stay Safe Ohio orders by state Department of Health Director Dr. Amy Acton in accordance with Gov. Mike DeWine.

"People are happy to come in ... sit down ... and eat," said owner Vicki Brearley. "The health department is not happy. They have asked me to close and comply with the governor’s orders. I tried to comply with the orders for a time. But, I believe it’s my Constitutional right to open my business now."

During his daily press conference Thursday, DeWine announced outdoor restaurants in Ohio can re-open on May 15 and indoor dining may resume on May 21.

Patrons who have visited the National Road Diner have reportedly come from as far away as Columbus, Lancaster, Dover and Caldwell — just to name a few. There have also been a lot of local residents visiting the diner.

"There have been a lot of out of town residents coming to make sure their Constitutional rights are upheld too," said Brearley. "People are restless after not being able to sit down for a meal in a restaurant for seven or eight weeks."

According to a dispatch log at the Guernsey County Sheriff’s Office, deputies were asked by Cambridge-Guernsey County Health Administrator Rose Ball to check the restaurant for customers just after 4 p.m. Wednesday.

A sergeant who responded to the eatery just before 5 p.m. reported there were no vehicles in the parking lot nor any customers inside.

The sheriff’s office has responded to the diner on multiple occasions this week including a trip with health department officials.

Sheriff Jeff Paden on Thursday referred questions regarding enforcement of the Stay At Home orders to health department officials.

A message left Thursday morning seeking comment from Ball regarding the diner re-opening for business was not returned prior to press time. Multiple attempts throughout the day Thursday to contact her at the health department were unsuccessful.

A message left for Guernsey County Health Commissioner Dr. Edward Colby was also not returned prior to press time.

Brearly said the tables at the diner are spaced 6 to 7 1/2 feet apart to conform with social distancing. Individual condiments are brought to the table with each meal, and the tables, chairs, door and dishes are washed and sanitized after each patron.

"I have researched all the states that have been allowed to re-open and we have complied with what ever they can throw at us," said Brearley.

Health department staff reportedly conducted a safety inspection when they visited the restaurant on Monday.

"I have not received any papers from the inspection, but I have been waiting on them today," said Brearley on Thursday.

Brearley believes it is a violation of her Constitutional rights as a business owner to have to follow such a directive as Stay Safe Ohio from a non-elected official.

"It is disrespectful to the people who fought for this country and sacrificed for our rights," she said. "This (order) takes away from what they fought for and that’s just not right."

Brearley, who was working alone at the restaurant on Thursday, said some of the patrons have even offered to help clean after other patrons leave.

"I have been swamped and people, who will not take no for an answer, have offered to help," she said. "They are not afraid."

Plans for Brearley are to continue operating the restaurant at 3394 Glenn Highway as a dine-in eatery. She is currently operating from 8 a.m. to 6 p.m., Monday through Saturday.

"I will be here until I’m not allowed to be here," said Brearley.

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